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Bail (Canada)
Bail in Canada refers to the release (or detention) of a person charged with a criminal offence prior to being tried in court or sentenced. The '' Canadian Bill of Rights'' and the ''Canadian Charter of Rights and Freedoms'' guarantee the right not to be denied reasonable bail without just cause. That right is implemented by the ''Criminal Code'', which provides several ways for a person to be released prior to a court appearance. A person may be released by a peace officer or by the courts. A release by the courts is officially known as a judicial interim release. There are also a number of ways to compel a person's appearance in court without the need for an arrest and release. History The Canadian law of bail is derived from the principles of bail which evolved in the English common law. In particular, the right to be released without excessive bail was enshrined in the English ''Bill of Rights'', which was part of the law of the colonies in British North America. Pri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the ''Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Surety
In finance, a surety , surety bond or guaranty involves a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults. Usually, a surety bond or surety is a promise by a surety or guarantor to pay one party (the ''obligee'') a certain amount if a second party (the ''principal'') fails to meet some obligation, such as fulfilling the terms of a contract. The surety bond protects the obligee against losses resulting from the principal's failure to meet the obligation. The person or company providing the promise is also known as a "surety" or as a "guarantor". Overview A surety bond is defined as a contract among at least three parties: * the ''obligee'': the party who is the recipient of an obligation * the ''principal'': the primary party who will perform the contractual obligation * the ''surety'': who assures the obligee that the principal can perform the task European surety bonds can be issued by banks and surety companies. I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recognizance
In some common law nations, a recognizance is a conditional pledge of money undertaken by a person before a court which, if the person defaults, the person or their sureties will forfeit that sum. It is an obligation of record, entered into before a court or magistrate duly authorized, whereby the party bound acknowledges (recognizes) that they owe a personal debt to the state. A recognizance is subject to a "defeasance"; that is, the obligation will be avoided if person bound does some particular act, such as appearing in court on a particular day, or keeping the peace. In criminal cases the concept is used both as a form of bail when a person has been charged but not tried and also when a person has been found guilty at trial as an incentive not to commit further misconduct. The concept of a recognizance exists in Australia, Canada, Hong Kong, the Republic of Ireland, Scotland, and the United States. Recognizances were frequently used by courts of quarter sessions, for example th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Information (formal Criminal Charge)
An information is a formal criminal charge which begins a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted. Available via HeinOnline. Orfield cites Holdsworth as the source of this information. Available via HeinOnline. Although the information has been abolished in England and Wales and Northern Ireland, it is still used in Canada, the United States (at both the federal level and in some states) and various other common law jurisdictions. Canada Criminal charges In Canada, charges under the Criminal Code are either by summary process, or by indictment. Both types of charges begin with an information, except in the rare situation of a direct indictment by the Attorney General. The form of an information is prescribed by the Criminal Code. Informations are to be drafted using Form 2 for both indictabl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fingerprint
A fingerprint is an impression left by the friction ridges of a human finger. The recovery of partial fingerprints from a crime scene is an important method of forensic science. Moisture and grease on a finger result in fingerprints on surfaces such as glass or metal. Deliberate impressions of entire fingerprints can be obtained by ink or other substances transferred from the peaks of friction ridges on the skin to a smooth surface such as paper. Fingerprint records normally contain impressions from the pad on the last joint of fingers and thumbs, though fingerprint cards also typically record portions of lower joint areas of the fingers. Human fingerprints are detailed, nearly unique, difficult to alter, and durable over the life of an individual, making them suitable as long-term markers of human identity. They may be employed by police or other authorities to identify individuals who wish to conceal their identity, or to identify people who are incapacitated or deceased and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hybrid Offence
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment. In the United States, an alternative misdemeanor/felony offense (colloquially known as a wobbler) lists both county jail ( misdemeanor sentence) and state prison (felony sentence) as possible punishment, for example, theft. Similarly, a wobblette is a crime that can be charged either as a misdemeanor or an infraction, for example, in California, violating COVID-19 safety precautions (ranges from a $100 fine to one year in jail). Canada The power to choose under which class a hybrid offence will be tried rests with the crown counsel. Hybrid offences can either be summary offences (minor crimes) or indictable offences (major crimes). For most indictable offences, a person has the right to trial by jury. A hybrid offence is th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Conviction Offence
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (which includes all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, some ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justice Of The Peace
A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are (or were) usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs. History In 1195, Richard I ("the Lionheart") of England and his Minister Hubert Walter commissioned certain knights to preserve the peace in unruly areas. They were responsible to the King in ensuring that the law was upheld and preserving the " King's peace". Therefore, they were known as "keepers of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Provincial And Territorial Courts In Canada
The provincial and territorial courts in Canada are local trial "inferior" or "lower" courts of limited jurisdiction established in each of the provinces and territories of Canada. These courts typically hear criminal, civil (or “small claims”), family, traffic, and bylaw cases. Unlike the superior courts of Canada, the jurisdiction of the provincial courts is limited to those matters which are permitted by statute. They have no inherent jurisdiction. Appeals of provincial court decisions are usually heard by the superior court of the province. These courts typically evolved from older magistrate, municipal, or local courts. Many of these former courts were as likely to have lay magistrates or justices of the peace presiding as they were to have a judge who had formal legal training. In the province of Ontario, most municipal and provincial offences are dealt with in the Provincial Offences Court, established under the ''Ontario Provincial Offences Act'' and the ''Courts of J ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summons
A summons (also known in England and Wales as a claim form and in the Australian state of New South Wales as a court attendance notice (CAN)) is a legal document issued by a court (a ''judicial summons'') or by an administrative agency of government (an ''administrative summons'') for various purposes. Judicial summons A judicial summons is served on a person involved in a legal proceeding. Legal action may be in progress against the person, or the person's presence as witness may be required. In the former case, the summons will typically announce to the person to whom it is directed that a legal proceeding has been started against that person, and that a case has been initiated in the issuing court. In some jurisdictions, it may be drafted in legal English difficult for the layman to understand, while several U.S. states expressly require summonses to be drafted in plain English and that they must start with this phrase: "Notice! You have been sued." The summons announces a dat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal Legal liability, liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not Culpability, culpable unless the mind is guilty". As a general rule, someone who acted without mental Fault (law), fault is not liable in criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ....". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material eleme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
